El derecho de familia y la igualdad ante la ley en adopción homoparental en Ecuador.

Abstract

Same-sex adoption in Ecuador faces significant legal and social challenges despite advances in LGTBI+ rights, such as the legalization of same-sex marriage in 2019. Although the 2008 Constitution guarantees principles of equality and nondiscrimination, current legislation prohibits same-sex couples from adopting, which contradicts these constitutional principles. This restriction not only discriminates against same-sex couples but also limits the opportunities for vulnerable children to be adopted by families that can provide them with a safe and loving environment. The research focuses on how Ecuadorian law, specifically the Constitution, Civil Code, and Childhood and Adolescence Code, addresses adoption within the context of same-sex families. It also examines the impact of these legal restrictions on the principle of the best interests of the child, suggesting the need for legal reforms that guarantee the right of all individuals to form a family without discrimination based on sexual orientation, thereby ensuring the well-being of children.